09-003350RX
Deborah Bohler vs.
Department Of Management Services, Division Of Retirement
Status: Closed
DOAH Final Order on Tuesday, November 10, 2009.
DOAH Final Order on Tuesday, November 10, 2009.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8DEBORAH BOHLER, )
11)
12Petitioner, )
14)
15vs. ) Case Nos. 09-3350RX
20)
21DEPARTMENT OF MANAGEMENT )
25SERVICES, DIVISION OF )
29RETIREMENT, )
31)
32Respondent. )
34)
35FINAL ORDER OF DISMISSAL
39This cause comes before the undersigned, pursuant to the
48petition filed by the Petitioner, Deborah Bohler, challenging
56the validity of Florida Administrative Code Rule 60S-
649.001(2)(s). Specifically, the dispute concerns whether the
71Division of Retirement's application for Service Retirement and
79the Deferred Retirement Program (Form DP-11) is an invalid
88exercise of delegated legislative authority for reasons set
96forth in Section 120.52(8)(c)-(e), Florida Statutes.
102This Petitioner also has prosecuted a petition pursuant to
111Section 120.57(1) and 120.569, Florida Statutes (2009), by which
120she seeks to obtain retirement benefits as a surviving spouse
130and joint annuitant of her deceased husband, the FRS member,
140George S. Bohler. That case was consolidated with the subject
150rule challenge petition and heard together. That case has been
160adjudicated before the Division of Administrative Hearings by
168Recommended Order, which Recommended Order determined and
175concluded that the Petitioner was entitled to retirement
183benefits as a surviving spouse and joint annuitant of her
193deceased husband. Consequently, her substantial interests were
200addressed and adjudicated in that case in her favor. Because of
211the result in that case, the Recommended Order determined her
221substantial interests. She therefore no longer has a
229substantial interest in challenging and overturning the subject
237rule. The result in the Recommended Order in the case
247originally numbered 09-2842 has effectively rendered the subject
255rule challenge moot. Consequently, being advised in the
263premises, it is
266ORDERED that the challenge to Florida Administrative Code
274Rule 60S-9.001(2)(s) has been rendered moot based upon the
283above-referenced determination and this case, numbered 09-3350RX
290is hereby dismissed without prejudice.
295DONE AND ORDERED this 10th day of November, 2009, in
305Tallahassee, Leon County, Florida.
309S
310P. MICHAEL RUFF
313Administrative Law Judge
316Division of Administrative Hearings
320The DeSoto Building
3231230 Apalachee Parkway
326Tallahassee, Florida 32399-3060
329(850) 488-9675
331Fax Filing (850) 921-6847
335www.doah.state.fl.us
336Filed with the Clerk of the
342Division of Administrative Hearings
346this 10th day of November, 2009.
352COPIES FURNISHED :
355Elizabeth Regina Stevens, Esquire
359Department of Management Services
363Office of the General Counsel
3684050 Esplanade Way, Suite 160
373Tallahassee, Florida 32327
376T. A. Delegal, Esquire
380Delegal Law Offices, P.A.
384424 East Monroe Street
388Jacksonville, Florida 32202
391Sarabeth Snuggs, Director
394Division of Retirement
397Department of Management Services
401Post Office Box 9000
405Tallahassee, Florida 32315-9000
408John Brenneis, General Counsel
412Department of Management Services
4164050 Esplanade Way
419Tallahassee, Florida 32399-0950
422NOTICE OF RIGHT TO JUDICIAL REVIEW
428A party who is adversely affected by this Final Order is
439entitled to judicial review pursuant to Section 120.68, Florida
448Statutes. Review proceedings are governed by the Florida Rules
457of Appellate Procedure. Such proceedings are commenced by
465filing the original Notice of Appeal with the agency clerk of
476the Division of Administrative Hearings and a copy, accompanied
485by filing fees prescribed by law, with the District Court of
496Appeal, First District, or with the District Court of Appeal in
507the Appellate District where the party resides. The notice of
517appeal must be filed within 30 days of rendition of the order to
530be reviewed.
- Date
- Proceedings
- PDF:
- Date: 06/10/2010
- Proceedings: Index, Record, and Certificate of Record sent to the District Court of Appeal.
- PDF:
- Date: 02/22/2010
- Proceedings: Notice of Appeal filed and Certified copy sent to the District Court of Appeal this date.
- PDF:
- Date: 08/14/2009
- Proceedings: Letter to Judge Ruff from W. Byndloss enclosing Petitioner's Exhibits 1 and 2 (exhibits not available for viewing) filed.
- Date: 08/11/2009
- Proceedings: CASE STATUS: Hearing Held.
- Date: 08/11/2009
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 08/10/2009
- Proceedings: Notice of Filing Respondent's Answers to Petitioner's Second Set of Interrogatories filed.
- PDF:
- Date: 07/22/2009
- Proceedings: Petitioner's Response to Respondent's Motion to Relinquish Jurisdiction filed.
- PDF:
- Date: 07/20/2009
- Proceedings: Respondent's Response to Petitioner's First Request to Produce (filed in Case No. 09-003350RX).
- PDF:
- Date: 07/20/2009
- Proceedings: Respondent's Notice of Serving Answers to Interrogatories (filed in Case No. 09-003350RX).
- PDF:
- Date: 07/10/2009
- Proceedings: Notice of Withdrawal of Motion to Dismiss for Lack of Standing filed.
- PDF:
- Date: 07/08/2009
- Proceedings: Request for Telephonic Hearing on Respondent's Motion to Dismiss for Lack of Standing filed.
- PDF:
- Date: 06/30/2009
- Proceedings: Amended Notice of Hearing (hearing set for August 11, 2009; 10:30 a.m.; Jacksonville, FL; amended as to Date of Hearing).
- PDF:
- Date: 06/30/2009
- Proceedings: Letter to Judge Ruff from T. Delegal advising that they have no objection to consolidation of the two cases filed.
- PDF:
- Date: 06/29/2009
- Proceedings: Letter to Judge Ruff from E. Stevens regarding consolidating rule challenge case filed.
- PDF:
- Date: 06/29/2009
- Proceedings: Notice of Hearing (hearing set for August 7, 2009; 9:30 a.m.; Jacksonville, FL).
Case Information
- Judge:
- P. MICHAEL RUFF
- Date Filed:
- 06/18/2009
- Date Assignment:
- 06/19/2009
- Last Docket Entry:
- 05/17/2011
- Location:
- Jacksonville, Florida
- District:
- Northern
- Agency:
- Department of Management Services
- Suffix:
- RX
Counsels
-
John Brenneis, General Counsel
Address of Record -
Wendy Byndloss, Esquire
Address of Record -
T. A. Delegal, III, Esquire
Address of Record -
Elizabeth Regina Stevens, Esquire
Address of Record